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Deceptive Advertising

Ocean Spray CranGrape Juice

Ocean Spray CranApple Juice and CranGrape Juice have labels that claim that they contain “No High Fructose Corn Syrup, Artificial Colors, or Flavors” but the complaint for this class action alleges that both juices do contain artificial flavors, in violation of California’s advertising and consumer protection laws. According to the complaint, the CranApple Juice contains dl-malic acid and the Cran Grape Juice contains fumaric acid, both of which the complaint claims to be artificial flavors made from petrochemical products, and which California laws require to be indicated on the label as artificial flavors.

CVS Gold Emblem Red Fish Candy Bag

Does CVS Pharmacy underfill its 5.5 oz. bags of Gold Emblem red fish candy? According to the complaint for this class action, it does, and the amount of slack fill is considerable. State and federal laws prohibit too much non-functional slack fill, and none of the acceptable functions for slack fill seem to apply to the candy bag. In fact, the complaint compares the bag of red fish candy to a same-brand bag of assorted fish candy and finds that the red fish candy bag is 45% (less than half) filled, while the assorted fish candy bag is 64% filled.

BelVita Breakfast Product, Blueberry Flavor

May a company legally market a line of breakfast products as being for people “who have health and wellness in mind” if they contain substantial amounts of sugar? The complaint for this class action says no. The complaint spends roughly thirty pages detailing the health risks of excessive sugar, then compares the products’ marketing to health-conscious people as “nutritious” with its high sugar content.

Ad for KT Tape

KT Health has agreed to provide $1,750,000 to compensate buyers of its KT Tape varieties, thanks to a class action alleging that the company violated Massachusetts and federal laws and made false claims in advertising and marketing the tapes. The advertising claimed that KT Tape would relieve pain from sports injuries, and also that it would prevent injuries. 

Poland Spring

Is Poland Spring water from an actual spring? The complaint for this class action alleges that the real Poland Spring in Maine ran dry nearly fifty years ago and that the “spring” the company now claims produces its water in that location is at the bottom of a lake. At its other sites, the complaint says, the company has built man-made “springs” via three methods: (a) causing well water to flow through pipes or tubes into wetlands, (b) inserting wells into the ground to tap the water table and force water to the surface, and (c) excavating pits in the ground that intercept the water table and form man-made pools. None of these, the complaint says, meets the FDA definition of “spring” nor can water taken out of them be called “spring water.”

Diet Coke Pouring into Glass

Does drinking Diet Coke actually lead to weight gain and increased risks of metabolic disease, diabetes, and cardiovascular disease? That’s what the complaint for this class action claims, adding that the “diet” part of the name “Diet Coke” is false, misleading, and unlawful. The complaint quotes a number of studies showing that nonnutritive sweeteners, such as the aspartame used in Diet Coke, actually lead to weight gain, confusion in the body’s metabolism, changes in the intestinal microbiota, and interference with the brain’s reward circuits.

Healthy Sexy Hair Shampoo Bottle

Plaintiff Molly Crane bought a bottle of Healthy Sexy Hair Sulfate-Free Soy Moisturizing Shampoo, made by Sexy Hair Concepts, LLC and sold by Ulta Salon Cosmetics & Fragrance, Inc. According to the complaint for this class action, the front of the bottle carried in large print the claim that the shampoo was “sulfate-free” and free of salt. However, the complaint alleges, the small print on the back of the bottle said that the shampoo contains sodium sulfate (a sulfate), sodium chloride (table salt), and ammonium chloride (another salt).

Junior Mints Box

We love our movie candy, but according to this complaint the 3.5 ounce box of Junior Mints violates the Federal Food Drug & Cosmetic Act (FDCA) as well as New York state laws because of the amount of non-functional slack-fill the opaque boxes contain. In fact, the complaint alleges that 43% of the Junior Mints box is empty, compared to only 23% for Milk Duds or Good & Plenty candy. The complaint alleges that the slack fill in the Junior Mints box does not fulfill any of the functions that would make it permissible and that it is therefore non-functional and misleading.

Proganix "Repair" Products

Vogue International sells a line of hair care products under the name “Proganix” that, according to the complaint for this class action, promise to “repair” hair. In fact, as shown in the image of the products in the complaint, the word “repair” is the single largest word on the label. But according to the complaint, once hair is damaged through heat, brushing, or other daily wear and tear, it is not even possible truly to repair it. A quotation from the website Hairmomentum.com says that hair is dead keratin and protein fibers. “Once the fibers are broken, they cannot fix themselves, and there is no ‘ointment’ available like for skin to help them recover.”

Wahl's Four in One Dog Shampoo

Wahl makes a variety of good-sounding dog products, including shampoos and conditioners, a “deodorant” against dog odor, and cleaning wipes that are useful for paws and muzzles. Prominently located on the front of each product, about a third of the way down the container, is an attention-getting colored seal with the word “Natural” or “100% Natural”.

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